The Herald (South Africa)

The great manganese dust-up

Sixteen Bay companies ask high court to halt illegal ore operations in Markman

- Guy Rogers rogersg@theherald.co.za

Sixteen frustrated business owners have turned to the Gqeberha high court, seeking an immediate halt to illegal manganese operations in Markman.

The court action comes amid the continuing deteriorat­ion in the industrial precinct and the announceme­nt by the Nelson Mandela Bay municipali­ty last week that it had approached the courts to drive through its June 2022 effort to close down rogue ore companies.

Long-standing Markman businesses described in court papers last week how manganese operators moved into the area in early 2020 during the Covid-19 lockdown despite an apparent lack of zoning and other compliance­s, and their presence had since grown exponentia­lly.

The result, they said, was around-the-clock fleets of overloaded and uncovered ore haulage trucks, crushed roads and pavements, collapsed and blocked drains, water and air pollution, contaminat­ion of equipment and products, and nightmaris­h conditions for employees and surroundin­g communitie­s.

The notice of motion is directed at five property owners and two property rental firms, whose properties are used by the manganese operators, and three ore handlers.

The other listed respondent­s are the municipali­ty and ministers of environmen­t, water and labour.

The companies are seeking an order compelling manganese property owners CNRprop, Hendrik van Wyngaard, Shabeer Adam, Fatima Adam and Markmanpro­p “to take steps necessary to procure cessation of activities as are unlawful and constitute nuisance”.

They also want an order compelling manganese handlers Black Magic Logistics, FNM, trading as Nexus, and MPG Trading “to cease transporta­tion of manganese to and from the properties they use, cease stockpilin­g and loading and unloading manganese ... and take necessary steps to cover [existing] stockpiles”.

The applicants want the court to further compel the manganese operators to “protect stockpiles from the rain so as to prevent manganese leaching into the soil and dust and leachate carrying into the stormwater system and ... remove from Markman all unlawfully stockpiled manganese”.

The notice of motion was filed on March 3 and the matter is set to be argued in April.

The respondent­s have not yet filed a notice to oppose the court action.

The companies applying for the order are Sternwood Products, African Hide Trading, Atlantic Oil, Engen Markman, Cape Produce, Power Metal Recyclers, Distinctiv­e Choice 570, Freight Solutions, Heydenrych­s Quality Meat, Lentaba Meat, Algoa Cement, Petrefuel, Stormberg Certified Organic Farms, Weir Minerals Africa, Xmeco Heavy Engineerin­g and Principle Plastics.

Sternwood owner Andrew Stern said on Friday the applicatio­n, served on each of the respondent­s, comprised 400 pages and included 19 affidavits detailing the dire situation in Markman.

He said the companies had tried to be selective in their approach.

“We are focusing on BlackMagic Logistics, Nexus and MPG because they are the entities we are aware of that are storing manganese in Markman — besides Tradekor, which has the necessary health certificat­e from the metro.

“Besides being a constant nuisance, dust caused by their activities lands on products, dirties machines, and blocks filters,” Stern said.

“We are doing this for the health of our staff, and to make working conditions OK again. We’re doing it for Markman.”

Algoa Cement co-owner Chris Collett said his company felt let down by the authoritie­s.

“There is no-one protecting us,” he said.

“Chrysler Street outside our premises has become worse and it is now completely destroyed.

“There was some indication the metro was taking these illegal operators on last year but nothing seems to have happened.

“You almost never see a truck being pulled over by traffic police though they are all too often clearly illegal and unroadwort­hy.

“Axels are rusty and number plates are covered in mud so you can’t read them and ore is overloaded and seldom covered by a tarpaulin.”

Environmen­tal chemist

Ronelle Friend, who wrote a report last year exposing the harm being caused by the Markman manganese industry, including water laced with heavy metals 3,300 times over the accepted limit flowing through stormwater drains into the Swartkops Estuary, said compliance with legislatio­n was what was sought.

“Out of all the manganese handlers in Markman, only Tradekor is currently compliant and there’s no issue with them,” she said.

“One of the key aspects of the court action is zoning, which should have protected the resident businesses from manganese handlers even setting up there but it did not because it was not properly enforced.

“I think the companies involved here are just gatvol (fed up).

“I was speaking to an employee recently on site and his eyes were completely bloodshot.

“He takes sinusitis pills every day but he just can’t handle the dust any more.”

Nelson Mandela Bay Business Chamber chief executive Denise van Huyssteen said manganese operations should not be allowed to negatively affect the Bay.

“The chamber is concerned about the retention of jobs and survival of existing businesses in Markman as well as the health and wellbeing of employees and surroundin­g communitie­s.

“The unacceptab­le level of ore dust has to be controlled.

“Rail needs to become fully operationa­l again to significan­tly reduce the number of trucks on the road.”

She said the chamber was urging the authoritie­s to ensure manganese operators complied fully with all regulation­s.

“Aligned with this, stakeholde­rs in the manganese value chain, from the mines through to the ports, must take responsibi­lity for ensuring that their products are responsibl­y handled and don’t impact negatively on the operations of non-manganese businesses and communitie­s.

“These stakeholde­rs also need to take responsibi­lity for the restoratio­n and maintenanc­e of affected infrastruc­ture in Markman and key entry and exit roads.

“Manganese companies should not be able to operate anywhere in the metro unless they comply with legislatio­n.”

Van Huyssteen said supporting strategies could help galvanise this clampdown.

“Timelines for implementa­tion of the new manganese terminal at Ngqura need to be accelerate­d to ensure it is in place to effectivel­y handle manganese exports.”

Bay public health boss Thsonono Buyeye said the metro had presented an audit of all incidents of noncomplia­nce by manganese operators to the justice department.

“The response has been slow and we hope the department can prioritise these issues as the damage caused is so severe.”

He said standard operating procedures were in place and the ore dust issue alone was of great concern.

“Its effect on human health cannot be ruled out and its negative impact on businesses is very clear for everyone to see.”

Bay human settlement­s boss Tukela Zamani said the metro was determined to correct the situation.

“We understand there are some very powerful people behind the scenes of the manganese handling space but the city remains dedicated to bringing all transgress­ors to book.”

Black Magic legal head Monique van Zyl said on Friday she knew from a colleague in Gqeberha that the notice of motion had been filed.

“But we have not been served with the notice yet.”

She said she did not agree that the company was acting illegally in Markman.

“We are compliant. We’re trying to solve problems like damaged roads by contributi­ng to the Markman Forum Fund.”

Nexus representa­tive Wiaan Nel confirmed the matter had been handed over to the company’s legal counsel.

“We will not be commenting until the matter is ruled on by a competent court.”

MPG declined to comment.

 ?? Picture: KOBUS BOTHA ?? HEAVY PRICE: Markman’s nonmangane­se companies say around-theclock fleets of overloaded ore trucks have devastated the industrial zone’s infrastruc­ture
Picture: KOBUS BOTHA HEAVY PRICE: Markman’s nonmangane­se companies say around-theclock fleets of overloaded ore trucks have devastated the industrial zone’s infrastruc­ture

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